Yesterday, the Florida Supreme Court heard oral arguments in a constitutional challenge of the state's workers' compensation system in Stahl vs. Hialeah Hospital.
Gunster attorney Kenneth B. Bell and Kimberly J. Fernandes of Kelley Kronenberg represent the hospital and Sedgwick Claims Management Services.
Bell served as a Florida Supreme Court justice from 2002-2008. Before that, he was a judge for the 1st Judicial Circuit of Florida beginning in 1991 (at which point he was the youngest circuit judge in the history of the 1st Circuit). He joined Gunster in its Tallahassee office in 2014.
At issue in Stahl are legislative policies from 2003 that revamped Florida's workers' compensation system, prohibiting injured workers from pursuing civil lawsuits while allowing for benefits, including medical care, according to an April 6 News Service of Florida article. Those legislative reforms were designed to address the high cost of insurance, Bell says in the article.
The state's high court should not be making a policy decision concerning existing law, Bell says in the April 6 article, adding that the matter is best addressed by the Legislature.
A number of organizations have filed friend-of-the-court briefs in opposition to the challenge, including Associated Industries of Florida, the Florida Chamber of Commerce, and Florida League of Cities, according to an April 5 News Service of Florida article.
Read related:
- Court junks attorney fee schedule, rejects challenge to workers' comp law (Daily Business Review, 5/3/16) - note: subscription required.
- Workers-compensation case heard in Florida Supreme Court (News Service of Florida/Orlando Sentinel, 4/6/16)
- Supreme Court hears oral arguments in high-profile comp case (PoliticoFlorida, 4/6/16) - note: subscription required.
- Workers' comp fight could have high stakes for Florida businesses (News Service of Florida/Tampa Bay Business Journal, 4/5/16)
- Lawyers want high court to turn back clock in workers' comp appeal (Daily Business Review, 3/29/16) - note: subscription required.